Asbestos Class Action Lawsuits
A person who has been affected by asbestos can sue to recover compensation and hold companies accountable. A lawsuit can also assist victims in receiving the money they require to live a life of luxury.
In the 1990s, lawyers representing asbestos victims hoped that a class of actions could handle the large number cases. The courts quickly learned that individual cases were the most effective way for asbestos patients to receive fair compensation.
The history of Asbestos Litigation
The asbestos industry grew quickly in the 20th Century due to its unique characteristics like durability and resistance to heat. It was utilized as the main ingredient in insulation, roofing and other building materials. Asbestos was also inexpensive and easily accessible. However, manufacturers soon discovered that these same properties were not without a drawback. Asbestos is extremely poisonous. People who handled asbestos products or worked near them often developed serious health issues, such as lung diseases like mesothelioma.
Asbestos victims typically have the right to a large amount of compensation. The legal process for pursuing compensation can be arduous and lengthy. Many victims have suffered the effects of exposure to asbestos for decades before they were diagnosed with mesothelioma or another asbestos-related disease. The amount of compensation a victim receives can be significantly affected by their age, the extent of their exposure to asbestos, and many other factors.
In the 1960s and 1970s, a variety of class actions were filed against asbestos companies. Nellie Kershaw, who was from Rochdale in England, brought one of the most well-known claims. Nellie was employed at the Turner & Newall plant in the late 1920s, spinning asbestos fibers into yarn. She was diagnosed with mesothelioma in 1969 and died one year later, without receiving any compensation.
In the 1980s, cases of mesothelioma increased across the country. Hundreds of thousands of individual lawsuits were filed. Each mesothelioma case is distinct and the courts were unable to treat all cases as a class action. Federal courts instead consolidated mesothelioma cases to multidistrict litigation.
MDL was a boon to attorneys representing plaintiffs who were specialized in pursuing asbestos litigation. These law firms were renowned for secretly coaching clients and directing them to specific defendants, regardless of whether the defendant was accountable for the client's health issues.
Class action lawsuits against asbestos defendants are no more popular. Individual lawsuits are now the standard. Individual lawsuits are more effective in achieving a fair settlement for mesothelioma victims and their families. The vast majority are personal injury or wrongful-death suits.
How Class Actions Work
Class action lawsuits allow lawyers to file a single lawsuit on behalf of groups of people who have suffered the same illness or injury. These lawsuits help to manage cases that would be too large to handle in the event that each plaintiff was required to file a separate case with the court. In the beginning lawyers work with their clients to determine whether they have a case and identify others who have suffered similar injuries.
If lawyers believe they have a strong legal claim, they submit the lawsuit to the court. The judge then has to certify that the case is one of the class actions. To achieve this, the court must decide that there are sufficient unnamed plaintiffs that it is impractical for them to file individual lawsuits and that the claims of the named plaintiffs are typical of the class' claims. The judge must also decide that the principal plaintiff(s) will adequately and fairly defend the rights of the class.
Attorneys will notify anyone who might be considered to be a member of a group when the class action has been certified. This includes those who have been affected by the same incident or circumstance that has affected the defendant's actions. If you get notice, it will include an application form asking if you want to join the class action.
In most cases, the lawyer(s) handling the class action will reach a settlement with the defendant or the court. The settlement will be distributed to class members. Attorneys will typically receive an amount of compensation for their contribution to making the settlement happen as well as for the time and effort they expend in trying to resolve the case.
Defense lawyers typically argue that a suit for a class action is overly broad, or is based on a myriad of evidence and issues. It can be difficult to prove and a lot of cases have been dismissed because defendants used this argument.
You can choose to opt out if you do not want to be part of a lawsuit. You have to opt out within a certain timeframe after the class action lawsuit has been certified.
Why seek justice for asbestos-related diseases?
It is important to seek justice for the victims of asbestos exposure, as asbestos-related illnesses can change your life forever. Mesothelioma and the other asbestos-related diseases are serious diseases that require compensation for medical expenses, ongoing treatments, and lost income. Asbestos lawyers can help families file lawsuits against companies that could be responsible for their loved ones exposed to asbestos.
Asbestos victims and their families have to be aware that these diseases have long latency periods, meaning it could take a long time before symptoms appear or a diagnosis is established. Boulder asbestos lawyer can make it difficult to make an action before the time limit expires. Many asbestos victims are also dealing with the effects of more than one asbestos company, making it even harder to identify who is responsible for their illnesses. To ensure that asbestos victims receive the most compensation possible asbestos lawyers often seek compensation from multiple trusts.
Class action lawsuits offer victims an opportunity to combine their resources and improve their chances of receiving an equitable settlement. This is particularly true for mesothelioma, which can be very expensive to treat.
Sadly, it is estimated that thousands of people die from mesothelioma and other asbestos-related illnesses every year. Achieving compensation in a wrongful-death lawsuit will not bring the person you love back but it can pay for funeral expenses and medical bills, as well as other losses.
The Justice Department is taking aim at the multibillion-dollar system of settlement for asbestos victims, which critics say is shady and susceptible to manipulation and fraud by well-connected lawyers. The department is particularly concerned with cases that involve allegations of misrepresentation or denial of facts, and claims that the settlement process was manipulated by certain plaintiffs lawyers to increase their fees, and bankrupt asbestos companies.
A successful mesothelioma lawsuit will likely result in compensation for past and future suffering mental anguish, physical pain disfigurement, loss of consortium, and much more. In addition to compensatory damages, survivors might also seek punitive damages to punish the wrongdoers or deter others from doing the same behavior. A lawyer can assist victims understand the different types damages they can claim and create an argument for compensation that is strong.
How do class actions work?
The person who files a lawsuit drafts a document that outlines the facts of the case and the damages sought. They must also identify the type of people the lawsuit is designed to represent. This could be on a national or a state-wide basis. Class action lawsuits often include people who worked for the same company, however it is not always necessary.
After lawyers have established that a class-action lawsuit can be filed, they need to ask a judge to approve it. Judges have a broad decision-making power to decide if and how much incentive is awarded to representatives of the class. These are typically compensation for the time and expenses involved in pursuing a class action.
Individuals with asbestos-related illnesses should consult an experienced attorney to discuss their legal options including individual mesothelioma lawsuits and trust fund claims. A lawyer with experience can help the families of victims and the companies that are responsible for the harm they caused obtain justice.
When a court authorizes a class action, all group members are bound by the outcomes of the case unless they specifically "opt-out" of the action within a specific time frame. Individuals who have chosen to "opt out" will still be able to pursue their own claim against the defendant, however, they are not bound by the findings of the class action.
Some class actions resolve the demands of all group members, while others leave some questions to be decided on a case-by case basis. In the majority of cases, remaining elements (such as lost wage) that are not shared by all group members could be resolved through a settlement of a class action.
One of the disadvantages of class actions is that it can take years to finish. In certain cases, victims with a limited life expectancy may become financially desperate. They may agree to a quick resolution that does not compensate them for the losses they suffered.
Another problem with class action suits is that they don't offer the same level of personal representation as an individual case. Each victim's mesothelioma, and other injuries are unique, and a lawyer will need to be aware of the specifics of each particular case in order to secure the most favorable outcome.